C.1 India’s international law obligations to prevent and reduce
statelessness among children
India has signed and ratified the CRC, ICCPR, Convention
on the Elimination of All Forms of Discrimination Against
Women (‘CEDAW’) and Convention on the Rights of Persons with
Disabilities (‘CRPD’). These four international legal instruments
clearly shed light upon the right to nationality of a child, the
prevention and reduction of statelessness among children, the
right to a name of a child, and the right of immediate birth
registration. Article 7(1) of the CRC and Article 24 of the ICCPR
encompass the right of every child to acquire a nationality, the
right to a name, and the right to an immediate birth registration.
Article 18(2) of the CRPD enumerates the three aforementioned
rights for disabled children. However, Article 7(2) of the CRC
goes further to mandate the following – ‘State parties shall ensure
the implementation of these rights in accordance with their
national law and their obligations under the relevant international
instruments in this field, in particular where the child would
otherwise be stateless’.114 Finally, Article 9 (2) of CEDAW asserts
that there are equal rights for men and women with respect to
passing nationality on to their children.
It is important to note that India did not make any
reservations to the specified articles of these four international
legal instruments. Hence, they have binding force in law and
must be adopted by the Indian state within its domestic citizenship
law framework.
Emerging customary international law also places an
important obligation upon India to prevent and reduce
statelessness of children and to grant nationality to stateless
children born in its territory. Several international and regional
treaties, apart from those listed above, mandate the right to
nationality of a child and the prevention and reduction of
114 Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September
1990) 1577 UNTS 3 (CRC) art 7(2).
chapter i • status
75
SECTION I.C.1
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents